…….TO THE HONORABLE COURT
…….
PLAINTIFF :…….
ATTORNEYS :…….
DEFENDANTS:…….
SUBJECT:……. Subject to our reserved right to claim moral damages and additional damages, we request the joint and several recovery of material damages from the Defendants, together with legal interest from ../../….
EXPLANATIONS :1-In November 1995, our client applied to ……. Hospital due to discomfort in his chest. The other defendant, who examined him, referred our client to the other defendant, located in …….
2-On ……. at ……. a sample was taken from our client’s chest and examined. Our client then took the pathology report dated ……. from ……. to ……. ……. reviewed the pathology report from ……. and diagnosed our client with breast cancer, stating that surgery was necessary due to the advanced stage of the disease.
3-Upon this, the same doctor performed surgery on ……. to remove our client’s breast. After the surgery, our client’s removed breast was re-examined at the …… Laboratory on ../../…. and a pathology report was issued on ../../…. Defendant Dr. ………. reviewed this report, confirmed the cancer diagnosis, and referred our client to the Oncology and Nuclear Medicine Center at ……. Training Hospital for radiotherapy treatment.
4-Before starting our client’s treatment at ……… Hospital, it was stated that new tests needed to be performed on our client and that she needed to bring the materials taken from her at …… for this purpose. Upon this, the materials taken from the …….. Laboratory were taken to ……… Hospital for examination and were examined at the Hospital Laboratory.
5-As a result of the examination and test results, the Oncology Clinic Doctor at ……. Hospital declared that our client did not have cancer. Upon learning that she did not have cancer and that her breast had been removed as a result of a misdiagnosis, our client experienced a great shock and realized the injustice she had suffered.
6-As a result of these developments, our client suffered a major physical and mental breakdown. His spouse and children were also negatively affected by this incident, experiencing grief and distress as a family. Our client is only 41 years old, and it is clear that he will suffer the pain and sorrow of having his breast unnecessarily removed and feel its absence in his future life.
7-In addition, our client has suffered financial losses due to various expenses such as hospital and medication costs. Our client feels the need to have breast implants to at least improve her appearance aesthetically to compensate for the unnecessary removal of her breast. It is not possible for our client to bear this financial burden. Therefore, we are compelled to seek financial compensation.
8-Responsibility for these developments lies with the …… Laboratory, which issued two consecutive erroneous reports, and the doctor who performed the surgery without conducting any new examinations or tests based on the first report issued by this laboratory, who had a relationship of representation with our client and abused this relationship, and the …… General Directorate to which this doctor is affiliated.
9-In light of the reasons and developments mentioned above, it has become necessary to apply to your Court in order to alleviate our client’s grievance, at least to some extent.
LEGAL GROUNDS: BK., HUMK., Relevant Legislation
EVIDENCE: Pathology Reports, Hospital Records, Legal and Other Evidence, etc.
RESPONSE PERIOD: 10 days
RESULT OF THE CLAIM: For the reasons stated, without prejudice to our right to claim further damages, we request ……. material and ……. moral damages, together with legal interest from ../../…. , together with legal interest from that date, jointly and severally from the defendants, the imposition of litigation costs on the defendants, and the award of the opposing party’s attorney’s fees to us as attorneys, in accordance with the last paragraph of Article 164 of the Attorney Law No. 1136, as amended by Law No. 4667.
PLAINTIFF’S ATTORNEY